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View Diary: Court observers expected consistency from Justice Scalia. This seems odd. (113 comments)

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  •  Winning ugly (3+ / 0-)

    It won't be pretty, but here's the outcome.

    Sotomayor, Ginsburg, Kagan, and Breyer, of course, vote to uphold.

    Scalia votes against because he thinks feeding his ego easily trumps logic and the common good.

    Alito votes against because he's a pint sized Scalia.

    Thomas votes against because he's still in resentful payback mode for all the humiliation he feels he suffered at the hands of liberals.  Forget the fact that the humiliation was self-inflicted because he couldn't keep his randiness under control, at the EEOC of all places!

    Kennedy peers over the precipice. But because there is a shred of common sense and decencv left in him, and because he has a flash of insight that Scalia is simply a sophomoric bully masquerading as an intellectual, he votes to uphold.

    Because he's a craven opportunist, Roberts votes to uphold to be on the winning side in an historic decision, and arrogates the writing of the opinion to himself.  Well, not really himself.  His clerks will do it while he practices in front of the mirror for post-ruling cocktail parties.

    Final vote 6-3.


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